Some ex-pats living abroad, including active-duty service members and their family members, are sounding the alarm after Republicans in three swing states have tried to delay accepting and counting overseas absentee ballots.
And there is already fear among Americans at home and abroad that no matter what the result, the damage has already been done, according to Sarah Streyder, the executive director of Secure Families Initiative, a nonpartisan non-profit that advocates for military families' rights.
"We are already hearing military voters from all states who feel discouraged from participating, if they have concern that their ballot won't even be counted," Streyder, who is stationed in England with her husband a Space Force member, told reporters in a video news conference with other advocates Friday.
Election officials and other political science experts say the suits filed in Pennsylvania, Michigan and North Carolina in the last couple of weeks have no merit. The Republican plaintiffs, however, claim state election offices created loopholes that could allow ineligible people to vote through overseas absentee ballots.
GOP casts doubt on absentee ballots, election officials push back
On Sept. 30, five Pennsylvania GOP House members running for re-election -- Guy Reschenthaler, Dan Meuser, Glenn Thompson, Lloyd Smucker and Mike Kelly -- filed a suit against Al Schmidt, the secretary of the Commonwealth and Deputy Secretary for Elections Jonathan Marks accusing them of providing guidance to local election offices to not allow ID requirements for their foreign absentee voters.
"The Commonwealth's practice is an illegally structured election process which makes Pennsylvania's elections vulnerable to ineligible votes by individuals or entities who could purport to be…eligible, register to vote without verification of identity or eligibility but receive a ballot by email and then vote a ballot without providing identification at any step of the process," the plaintiffs in the Pennsylvania suit alleged.
Reschenthaler is the only member of the five plaintiffs with military experience as he previously served as a United States Navy Judge Advocate General's Corps attorney from 2009 to 2012, according to his bio. He was deployed to Iraq during his tenure with JAG.
The Pennsylvania Secretary of State's office said in a statement that the lawsuit is "nothing more than an attempt to confuse and frighten people ahead of an important election," and the state law ensures that all overseas ballots that are sent out are eligible.
"Ballots cast by ineligible voters occur at extremely low rates and are routinely investigated and prosecuted by the appropriate authorities when they occur. Individuals registering to vote must affirm that the information they submit is accurate, with any false statement subjecting them to a potential felony conviction, prison sentence and substantial fine," the office said in a statement.
Pennsylvania election officials could not immediately provide ABC News data on how many absentee ballots have currently been sent overseas and how many of those ballots have been returned.
The Republican National Committee filed a pair of lawsuits in North Carolina and Michigan last week arguing their state rules are violating federal law and allowing ex-pats to vote despite never residing in their state.
In both suits, the RNC officials allege that the states' election officials have not created a secure system to verify that an overseas voter is an American and have specifically called out provisions in their election laws that permit spouses or dependents of military or overseas voters to vote in elections based on the residency of the military or overseas voter.
"As a result, certain people who have never resided in Michigan (or perhaps anywhere else in this country) are registering to vote and voting in Michigan elections," the plaintiffs in the Michigan case claim in their filing.